Customary law has been criticized from very different angles. Rational choice theorists claim that what looks like custom is nothing but self-interest. Positivists doubt that anything beyond consent assumes the force of law. In this paper, we adopt an experimental approach to test these claims....

Customs and usages in England : achieving interpretive accuracy by giving effect to unexpressed intent / Geoff R. Hall -- Usages and implied terms under French and Belgian positive law : a subjective approach tending toward objectivity / Lydie Van Muylem -- White space, implied terms, and the...

The paper examines the potential of customary international law to protect global public goods. In particular, it focuses on the question whether customary law can contribute to the mitigation of climate change. The analysis proceeds in the three steps. First, it will have a closer look at the...